|It is a week for mourning certainly|
by Austin Ruse
We mourn the loss of an important Supreme Court case that would have protected women in abortion clinics. We mourn the inevitable loss of life that will be the direct result of this decision, the lives of unborn children but also women who would have otherwise had at least a modicum of additional protection from that ghastly enterprise.
But we also mourn the rule of law and a Supreme Court whose credibility has been hanging by the thinnest of threads for some time.
This court has taken upon itself the role of “the country’s ex-officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the United States,” in the memorable words of Justice Byron White.
What’s more, according to the dissents in the case, the Court ignored its own rules of procedure to allow the plaintiffs to win. Plaintiffs are not allowed to bring the same case twice, which these plaintiffs were allowed to do.
The Court also did not require them to make their case that the Texas law—requiring abortionists to get admitting privileges at the local hospital and requiring the facility to meet basic standards for surgery facilities—actually closed abortion clinics. The abortionists said the new laws would force them to close and that was enough for the ideologues on the Court. No need to provide evidence to make your case: we believe you!
Moreover, isn’t it odd that the Supreme Court let a wealthy industry off the hook of state regulations with the claim they couldn’t afford it. I wonder if this is an absolute first in the annals of the Supreme Court.